2023 EnviroFlash Announcements about EPA Fuel Programs
This page lists recent EnviroFlash announcements that have been released to update stakeholders about EPA fuel programs.
On this page:
- 12/21/2023: EMTS Transaction and System-Generated Report Issues
- 11/14/2023: Approaching RFS Annual Compliance Deadline for Compliance Year 2022
- 7/14/2023: Notice of EPA’s Intent to Update RFS Small Refinery Exemption Data
- 3/22/2023: Approaching Fuels Programs Reporting Deadline
- 3/1/2023: EMTS Maintenance Downtime: Thursday, March 2, 5-7 PM ET
- 2/28/2023: Attest Engagement Registration and Reporting System Updates
- 2/9/2023: Clarifications Regarding the Compliance and Enforcement Provisions at 40 CFR 1090.1710(g)
EMTS Transaction and System-Generated Report Issues
December 21, 2023
EMTS experienced system issues after a software release last week. For some users, RIN buy and sell transactions may have become stuck in an incomplete status, and system-generated reports could not be downloaded. To prevent further occurrences of these issues, today, Thursday, December 21, 2023, at 11:30 AM (EST), EPA reverted to the previous version of EMTS.
The Fuels Program helpdesk will contact parties with further instructions for resolving transactions that are in an incomplete status.
For additional information or to report problems with processing transactions, contact [email protected].
Approaching RFS Annual Compliance Deadline for Compliance Year 2022
November 14, 2023
We are sending this message as a reminder of the approaching Friday, December 1, 2023, RFS Annual Compliance Deadline for Compliance Year 2022.
Forms and instructions for Fuel Programs.
Reporting Deadlines for Fuel Programs.
Contact the Fuels Program Helpdesk at [email protected] if you have any questions.
Notice of EPA’s Intent to Update RFS Small Refinery Exemption Data
July 14, 2023
At 4:00 PM today (EDT), July 14, 2023, EPA will announce decisions involving petitions from small refineries for exemption from the Renewable Fuel Standard, and at the same time will update the Renewable Fuel Standard Small Refinery Exemption website to reflect that information.
Approaching Fuels Programs Reporting Deadline
March 22, 2023
We are sending this message as a reminder of the approaching Friday, March 31, 2023, reporting deadline for Fuel Programs under 40 CFR Parts 79, 80, and 1090.
Reporting Deadlines for Fuel Programs.
Contact the Fuels Program Helpdesk at [email protected] if you have any questions.
EMTS Maintenance Downtime: Thursday, March 2, 5-7 PM ET
March 1, 2023
On Thursday, March 2, 5-7 PM ET, the EPA Moderated Transaction System will be down for maintenance.
To avoid failed submissions and other possible issues, please do not attempt to submit any node-based or web-based transactions in EMTS starting at 5 PM ET on Thursday, March 2, 2023. The maintenance is expected to be completed by 7 PM ET Thursday, March 2, 2023.
Attest Engagement Registration and Reporting System Updates
February 28, 2023
The Environmental Protection Agency is pleased to announce the latest release of OTAQReg which provides full electronic functionality to attest auditors and regulated parties to meet Attest Engagement e-registration, association, and e-reporting requirements under 40 CFR parts 80 and 1090. This release eliminates the interim Attest Engagement registration and reporting steps that were put in place for the June 1, 2022, Attest deadline.
Any parties that have already used the interim steps for the June 1, 2023, Attest deadline prior to this announcement do not need to resubmit. All parties must use full electronic registration and reporting methods for the June 1, 2024 Attest deadline.
Additional information and instructions are available through the following links:
- How to Submit Attest Engagements (includes instructions for registration, association, submission, and review of Attest Engagements).
- Program-specific Instructions for Attest Engagements (a handy list of Attest Engagement procedures by fuel program type and regulation citation).
- List of Quarterly and Annual Reports (links to instructions and reports)
Contact the Fuels Program Helpdesk at [email protected] if you have any questions.
Clarifications Regarding the Compliance and Enforcement Provisions at 40 CFR 1090.1710(g)
February 9, 2023
The Environmental Protection Agency is: (1) confirming eDisclosure may be used to self-disclose violations of fuels sampling and testing requirements in 40 CFR Part 1090 (Part 1090); (2) clarifying the process for requesting EPA approval of test values other than the default values (alternative test values) at 40 CFR 1090.1710(g) when a regulated party fails to comply with the Part 1090 sampling or testing requirements; and (3) informing regulated parties of the criteria the EPA intends to apply to requests for approval of alternative test values.
*e-Disclosure May be Used to Self-Disclose Violations of Fuels Sampling and Testing Requirements The preamble to the Part 1090 regulations states "regulated parties should inform EPA of a failure to comply with the sampling and testing requirements through EPA's eDisclosure portal." See 85 Fed. Reg 78412, 78449 (Dec. 4, 2020). Disclosing a violation of sampling and testing requirements via eDisclosure is a separate activity from requesting that the EPA approve alternative test values.
Regulated parties who believe they meet the conditions of the applicable self-disclosed violations policy may continue to self-disclose violations of sampling and testing requirements through the EPA's eDisclosure portal and may indicate in a disclosure whether a request for alternative test values has been separately submitted. Violations disclosed through the eDisclosure portal may be eligible for penalty mitigation if they meet the conditions of the applicable self-disclosed violations policy (e.g., voluntary and prompt disclosure, expeditious corrective action, etc.). The EPA will determine eligibility for penalty mitigation if and when it considers an enforcement response for the self-disclosed violations. You can find more information on the EPA's eDisclosure program.
*Requesting EPA Approval of Alternative Test Values Requests for approval of alternative test values should be made using the procedure described herein, and not via eDisclosure. Regulated parties should submit requests for EPA approval of alternative test values via email to the following address: [email protected]. Parties should not submit information claimed as confidential business information (CBI) to this email address. After receipt of the request, the EPA will contact parties with instructions for submitting information claimed as CBI that are consistent with 40 CFR Part 2.
*Criteria Applied to Requests for Approval of Alternative Test Values The EPA uses the criteria described below to evaluate requests for approval of alternative test values.
*Direct Information
- In cases where the regulated party requesting approval (requester) cannot supply direct information about the parameters of a batch of fuel, the EPA would generally not approve a requested alternative test value. For purposes of this EnviroFlash, direct information about the batch includes, for example, commercial test results, other required test results under the EPA's regulations at 40 CFR Parts 80 or 1090, as applicable, or information regarding the relevant parameters of the various blending components used to make the batch. The EPA does not consider information related to the historic production of fuel at a facility to be direct information.
- In cases where a requester has some direct information about the relevant parameters of the batch of fuel, the EPA intends to evaluate such requests based on the most conservative information about the relevant parameter available concerning the batch. For example, if a requester failed to conduct sulfur certification testing on a batch of gasoline but supplied three commercial test results for the batch, the EPA would consider the highest sulfur level of the three supplied commercial test results for approval as an alternative test value.
*Addressing Uncertainty
The EPA applies a factor to the requested alternative test value to account for the inherent uncertainty in the measurement of fuel parameters. This factor is applied to the most conservative information about the relevant parameter available by adding or subtracting-whichever situation is most conservative-the published repeatability of the referee test method specified in 40 CFR 1090.1360(d). The EPA believes this is necessary to maintain a level playing field between those parties that would benefit from failing to comply with the regulatory sampling and testing requirements and those parties that adhere to the regulatory requirements. The EPA intends to apply these criteria to requests currently pending with the Agency, as well as to future requests.
Please send any questions you have regarding this EnviroFlash or requests for alternative test values to [email protected].